Dismissed

Shamsheer Khyan v. State of U.P. Thru Chief Secy. U.P. and Others

Allahabad HC25 Sept 2018WRIA/24217/2008

Case brief

AI extract

What is this about?

The petitioner, an ex-constable of U.P. Police transferred to Uttarakhand, sought a writ to call him for interview for Arakshi Nagrik Police post based on a 2006 examination. The State argued eligibility was restricted to U.P. police personnel. The court dismissed the writ.

What did the court decide?

Petitioner was not ordered to permit interview or character role test for the post of Arakshi Nagrik Police.

Shamsheer Khyan Vs State of U.P. Thru Chief Secy… — Service and Employment | Allahabad HC (2018)

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Court No. - 28

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Case :- WRIT - A No. - 24217 of 2008 Petitioner :- Shamsheer Khyan Respondent :- State Of U.P. Thru' Chief Secy. U.P. & Others Counsel for Petitioner :- M.R. Khan,A.V. Chaurasia,D.S. Khan Counsel for Respondent :- C.S.C.,A.S.G.I./2008/994,Hem Pratap Singh

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Hon'ble Ajay Bhanot,J.

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Heard learned counsel for the petitioner and Sri S.Shekhar Singh, learned Additional Chief Standing Counsel for the respondent-State.

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The petitioner claims that he was appointed as a constable in the U.P. Police in the year 1994. The petitioner further asserts that he sat in the written examination of Mukhya Arakshi Nagrik Police Prantiya Yogyata Pariksha, 2006. The petitioner transferred to the State of Uttarakhand on 26.05.2007. The petitioner was shown on the rolls of 31st Bn. P.A.C. Rudrapur, Uttarakhand with effect from 20.08.2007. The petitioner claims that he was entitled to be called for interview. He has prayed for the following relief:

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"The Hon'ble Court may graciously be pleased to issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner for interview and character role test in pursuance of the result of written examination dated 15.10.2006 of Mukhya Arakshi Nagrik Police Prantiya Yogyata Pariksha, 2006."

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Sri S.Shekhar Singh, learned Additional Chief Standing Counsel for the respondent-State submits that admittedly the petitioner was transferred to the State of Uttarakhand on 26.05.2007. He was not entitled to be called for the interview pursuant to the written test for the post of Arakshi Nagrik Police. Only the police personnel belonging to the Uttar Pradesh Police were entitled to be considered for appointment as Arakshi Nagrik Police pursuant to the said selection proceedings.

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On the relevant date, the petitioner was not a constable in the U.P. Police. He was not entitled to be called for interview and appointed as Arakshi Nagrik Police in pursuance of the said selection proceedings. The aforesaid submissions could not be contested by the learned counsel for the petitioner.

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The writ petition is dismissed.

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Sri S.Shekhar Singh, learned Additional Chief Standing Counsel has provided a copy of the counter affidavit which is taken in the record. The counter affidavit is not disputed by the counsel for the petitioner.

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Order Date :- 25.9.2018Ashish Tripathi

Shamsheer Khyan v. State of U.P. Thru Chief Secy. U.P. and Others

Case brief

What is this about?

What did the court decide?

Shamsheer Khyan v. State of U.P. Thru Chief Secy. U.P. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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